R. v. Moore

R. v. Moore

Sections 15 and 16 of the Parole Act together with ss.24 and 25 of the Penitentiary Act do not authorize 'gating' of inmates released on mandatory supervision; continued detention after statutory release is unlawful and entitles the detainee to release by habeas corpus.

Citation
[1983] 1 SCR 658
Parties
Appellant/respondent: Her Majesty The Queen; Respondent: Marlene Moore; Appellant: Donald Oag; Respondent: National Parole Board; Respondent: Robert Benner
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
17 May 1983
Procedural Posture
Criminal Appeal Concerning Parole and Detention / Appeal to the Supreme Court of Canada From Provincial Courts of Appeal
Outcome
Appeal dismissed in respect of Marlene Moore; appeal allowed in respect of Donald Oag.
Legal Topics
Parole, Mandatory Supervision, Gating of Inmates, Habeas Corpus, Statutory Interpretation
Source Language
English
Criminal Law Corrections/parole Administrative Law Parole Mandatory Supervision Gating of Inmates Habeas Corpus Statutory Interpretation

Case Brief

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Parties

Her Majesty The Queen

Appellant/respondent

Marlene Moore

Respondent

Donald Oag

Appellant

National Parole Board

Respondent

Robert Benner

Respondent

Procedural Posture

Criminal Appeal Concerning Parole and Detention / Appeal to the Supreme Court of Canada From Provincial Courts of Appeal

Legal Issues

  1. 1 Whether statutory provisions authorize 'gating' (continued detention) of inmates released on mandatory supervision
  2. 2 Whether ss.15-16 of the Parole Act and ss.24-25 of the Penitentiary Act permit confinement after statutory release
  3. 3 Whether habeas corpus is available to secure release from unlawful post-release detention

Ratio Decidendi

Sections 15 and 16 of the Parole Act together with ss.24 and 25 of the Penitentiary Act do not authorize 'gating' of inmates released on mandatory supervision; continued detention after statutory release is unlawful and entitles the detainee to release by habeas corpus.

Court Disposition

Appeal dismissed in respect of Marlene Moore; appeal allowed in respect of Donald Oag.

Orders

  • The release of Marlene Moore is affirmed.
  • Donald Oag is entitled to immediate release.